A COSMETIC dental products manufacturer in Leigh has been taken to court by a disgruntled customer.

In what he believes to be an unprecedented case Sean Porter has won a full refund from Instasmile after a hearing at Liverpool Civil Court.

The 24-year-old bought custom-made Classic Veneers designed to whiten teeth and cover gaps on July 29 but claims the denture-like product did not fit correctly, caused discomfort and he was unable to wear it while eating.

After being awarded £349 from the company based at Trafford House on Platt Fold Street to cover what he paid for the product and his court costs, Sean said: "The whole thing has been stressful.

"People like me get confidence from buying such products and making themselves feel better.

"After having a digital impression of my teeth taken through a scanning device and having the product fitted at Trafford House I had to take it back as it didn't fit properly and was so uncomfortable.

“When I returned the product I was told the company had made a mistake with my order.

"I was offered a replacement, which was much better but far from perfect.

“I was given no other option than to accept the replacement as I was told I had signed terms and conditions which stated I was not allowed a refund for custom-made products."

He added that he only wore the replacement veneers four times over the following few months, for two to three hours, and never ate in them.

Sean says that when he tried to use the veneers for a fifth time, on October 30, they did not fit the top row of teeth on the left side of his mouth so he went back to the company to complain and demand a refund.

He decided to seek redress through the courts after being told by Instasmile that he could not have a refund as the product's three-month warranty had run out.

“I am not easily brushed off and I felt I was entitled to get my money back," Sean, from Bootle, said.

“I researched the Consumer Rights Law 2015 which states that if there is a faulty product within the first six months it is assumed there has been a fault with the product from the start.

"It is important that people stand up for their rights and are not ruled by companies’ regulations.”

After Liverpool Civil Court ruled against Instasmile on April 7 marketing director Kerrie Medlicott said: “Mr Porter’s product was out of warranty yet we still tried to work with him to resolve the issue, but in this case we were unable to meet his expectations.

"We had been told by the small claims court that the case was not progressing so we were naturally surprised to find out it had progressed.

“Overall we have an excellent customer rating which has helped us to triple the workforce in less than a year and bring growth and new jobs to the Leigh area.

“We hope to put Leigh on the map globally and would encourage everyone to take a look at what we do.”